Is There a Problem with Me Subletting a Room in My Two-Bedroom Apartment?

Aug. 4, 2015 — In a cooperative, the use of the premises — which includes subletting — is governed by the corporation's proprietary lease; in a condominium such use is governed by the declaration to the bylaws. The general rule is that an apartment can only be occupied by the unit-owner(s)/shareholder(s), or any immediate family member, but in no event may a guest, or in this case a "roommate," occupy the apartment unless one or more of the permitted residents are in occupancy.

That said, the question posed is much more likely to be a potential scenario at a condominium. In a cooperative, where boards have the right to reject prospective purchasers, boards carefully scrutinize the finances of these would-be buyers and if they are not in a position to afford the apartment without the additional revenue from a roommate, it is unlikely a co-op board will approve them.

The situation described is not ideal for a condominium, as transient traffic is usually discouraged. With the advent of Airbnb and similar services, it has become easier for unit-owners to generate income through short-term rentals. The proposed scenario might be difficult to prevent if the unit-owner remains in residence with the "roommate," as New York City housing laws permit.

It should be made clear to all prospective condominium unit purchasers that they may be entitled to have a roommate, but the roommate must observe all building rules and the unit-owner is responsible for any infractions of building rules by the roommate.

Max G. Freedman is vice president of Maxwell-Kates.